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H-1B GUIDE 2019
H-1B GUIDE
2019
NYIS Law Firm
Introduction
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NYIS Law Firm practices in the fields of litigation, investment, commerce and trade, intellectual property, and immigration. Charles Maurer, the managing attorney, is rated AV by Martindale Hubbell for 39 consecutive years. The AV rating signifies that the rated attorney is recognized for the highest levels of skill and integrity and has reached the heights of professional excellence.
Mr. Maurer was awarded the lifetime honor of Best Attorneys in America in 2015. NYIS Law Firm was awarded the lifetime honor of Best Law Firms in America in 2016. Our clients include Fortune 500 companies, China’s large-size nation-owned companies, international tier-one artists, well-known directors/singers/athletes, U.S. billionaires, Asian billionaires, international students in the U.S., and start-ups in the U.S., etc.
In immigration area, we are experienced and expert in all kinds of immigrant applications (such as employment-based immigration, investment-based immigration, extraordinary ability immigration, multinational manager or executive immigration, family-based immigration, and marriage-based immigration, etc.) and also non-immigrant applications (such as H-1B visa, L-1 visa, O-1 visa, P-1 visa, TN visa, E-3 visa, E-1/2 visa, K-1 visa, F-1 visa, B-1/2 visa, etc.). We are located in New York, New Jersey, California, and Beijing, China, and our clients come from all over the world.
Our Principles
We Customize our Application1 Every applicant is unique, from field of study, work experience, to type of employer and position. Based on the applicant’s academic/professional background, his/her employer’s operating business, the applicant’s job title and duties, etc., we create a customized plan for his/her H-1B application. Accordingly, we determine the applicant’s prevailing wage and prepare required supporting documents.
We Individually Assign our Attorneys 2 We will assign an experienced English and Chinese speaking paralegal who assists and supports the attorney’s work. The paralegal will aid the attorney in going through and reviewing the application materials, in communicating with the employer, and will act as a liaison between the applicant and the attorney.
We Communicate in a Timely Manner3 Clients will always be our priority during the H1B application process. We will keep in touch with our clients via email, and will speak over the phone on a regular basis to make sure our communication is effective and informative. Moreover, we will e always share the most recent updates during the application process with our clients.
With an Excellent Customer Service 4 Our customer service team encompasses ten people, who are always ready to take your phone calls or respond to your emails in a timely manner; . , we conducted a service quality survey on our previous 1,000 clients, and based on their feedback, we adopted a brand-new customer service system.. Through this IT platform, we guarantee that our clients will be informed of their most updated status at all times during the application process.
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Application
Process
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Initial Communication: Introduction of H-1B application process and required documentation.
Preparation:Paralegal prepares other application materials.
Petition Letter Drafting:Attorney drafts petition letter.
Petition Letter Review:Employer reviews petition letter and gives advice.
Paralegal Review: Paralegal reviews application package.
Random Selection: USCIS will finish H1B random selection in mid-April of 2019.* Selected petition: USCIS will cash checks and mail receipts.* Unselected petition: USCIS will return packages to attorney beginning in May and June.
Processing: USCIS will start processing selected applications.
Approval: Employer and attorney receive beneficiary’s H-1B approval notices.
Result:USCIS will give results (processing time is approximately 3-5 months; premium processing service time is approximately 15 calendar days).
Request for Additional Evidence:If USCIS sends a request for evidence to the attorney, the attorney and paralegal would then prepare additional supporting documents.*Additional attorney fee applicable before preparation of supporting documents.
Attorney Review: Attorney reviews application package.
Mail: Attorney mails application package to USCIS application processing center in March, 2019.* Client can choose USPS, UPS, or FedEx as preferred mail carrier.
USCIS Announcement: USCIS announces when it will stop accepting application packages in early April of 2019.* Please see the sample announcement below.
Petition Letter Revision: Attorney makes final revision of the petition letter.
Signature and Application Fee:Employer signs application forms and petition letter and provides application fees checks.
Evaluation: H-1B application plan provided by one of our professionals.
Retainer:Sign retainer with NYIS Law Firm.* Petitioner: Employer.* Beneficiary: H-1B Employee
Payment: Complete Attorney fee payment
Assignment:Assign Attorney and Paralegal to individual case.* Paralegal is an English and Chinese speaker.
Information Collection: Paralegal sends information collection forms to Client via email.
Preparation:Attorney and Paralegal will assist Client in preparing required information, materials, and documents.
Plan: Determine Client’s H-1B application plan and prevailing wage according to occupation title and work location.
LCA:Submit Labor Certificate Application to Department of Labor (DOL).* Processing time: 7 calendar days.
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In the 2018 H-1B application season, we represented nearly 300 H-1B applications. Among those cases, the majority were students with Master’s degrees. Their areas of study include, but are not limited to, business (finance, marketing, accounting, business administration), communications, public relations, computer science, financial engineering, information system management, supply chain management, logistics management, human resources management, electrical engineering, architectural engineering, mechanical engineering, bioengineering, mathematics, English (TESOL), history, economics, psychology, education, landscape architecture, graphic design, public administration or public policy, arts adminis-tration, etc. Our clients’ selected petition rate is 58.6%, and the approval rate is 94.6%，RFE approved rate is 92%
We are committed to building a good relationship with our clients, and answering their questions in a timely manner. We provide services through the NYIS hotline, and we com-municate via consulting platforms and existing clients’ contact platform.
2018年 H1B
Application
Over view
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2015-2018 H1B Selected Case Analyses
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Applicant A majored in hotel management and graduated in 2017. The applicant serves as an Assistant Manager in a golf club. Due to the low professional requirements, hotel manage-ment is one of the most difficult professions to get approval for H-1B. In the process of preparing the materials, we carefully analyzed the working guidelines in the hospitality industry, refined the functional classification, provided employers and similar companies employment records. The application was approved in August 2018.
Applicant B majored in 3D animation. In the case that Web developers are no longer classi-fied as Special Occupations by the USCIS, the original lawyer applied this position for the applicant and was questioned by the USCIS about the complexity of the job. In the RFE preparation process, we especially focused on the preparation of the documents of employee's job description and work content, which proved that in addition to ordinary web developer's job duties, the applicant also involves in the front-end and back-end programming work, which is similar to the content of a software developer. The applicant was successfully approved in September 2018.
Applicant C majored in Film Studies, working in a small film distributor under OPT visa as a Public Relations Specialist. The USCIS issued an RFE supplement notice, challenging the rele-vancy of the applicant's professional back-ground and job content, as well as the complex-ity of the position. In the process of preparing the supplementary materials, we not only provided the basic expert letters, job advertise-ments of similar companies, job samples and other materials but also provided photos and results of the applicant's work, and the employ-ers results that were supported by the appli-cants. This case was successfully approved in October 2018.
Applicant E majored in computer science and works in an application development startup company. The employer is relatively small in scale and the time of establishment is rela-tively short. The USCIS questioned whether there was enough workload for the applicant to handle. We provided the company's finan-cial proof, equipment certification and intro-duction of related software for software development in the material preparation. The applicant's work content and work plan were also elaborated to the USCIS. The case was successfully approved in August 2018.
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Applicant D obtained a degree in photography and news clips and works as a Video Editor at a real estate-related company. After submitting the application for the first time, the USCIS questioned that it did not require a higher edu-cation and Job Specialty. The applicant reached out to us during the supplementary materials phase. We provided employer's previous recruit-ment information, company size and description of the company’s structure, explaining that the applicant's work is not simply video editing. We also provided the applicant's detailed work materials and previous work results. The case was approved in October 2018.
2015-2018 H1B Selected Case Analyses
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Four Applicants worked in a financial consulting company, with 10+ employees, at the same time. During the application process, we applied for Risk Analyst and Credit Analyst for the four applicants. However, the company changed their address for operational reasons. The USCIS questioned the complexity of the position and the qualifications of the employer. In the supplementary materials phase, we provide detailed job descriptions, expert letters, and employer recruitment information for each applicant. We also provided the company's photo, the lease after the address replacement, the company's business license and other materi-als to prove the company's legality and qualifica-tions. The cases of all four applicants were approved in October and November 2018.
2015-2018 H1B Selected Case Analyses
Applicant H has a Master’s Degree in Sports Management and Policy. The employer is an international sports media. The company employed the applicant as a Sports Consultant. Working as the Special Project Con-sultant in the company, the applicant is mainly responsible for targeting and docking the Chinese market. In October 2017, the case was approved by USCIS.
Applicant G achieved a Master’s Degree in Education. Employed as an Education Counselor by the employer, a small-size international study services startup, the applicant is responsible for providing clients with counselling and coaching services in U.S. college admission. In May, USCIS issued an RFE notice requesting for additional evidence to prove the specialty occupation and that the Master’s Degree in Education is relevant to the daily work of the job position. After receiving the RFE Notice, we prepared and submitted materials of detailed description and evidence of the employer’s business operations, as well as documents regarding other employees’ academic/professional background. In September 2017, the case was approved by USCIS.
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2015-2018 H1B Selected Case Analyses
Applicant I achieved a Master’s Degree in Education concentrating in Counseling and has a Professional Counselor License in her state. Her employer is a mental health nonprofit organization. The non-profit organi-zation hired the applicant as a Licensed Professional Mental Health Counselor. In August 2017, the case was approved by the USCIS.
Applicant J achieved his Master’s degree in Civil Engineering, with concentration on Structural Engineering. The employer is an architecture firm located in New York and New Jersey area, and employed the Beneficiary as a full-time Project Architect. In July, USCIS issued an RFE notice requiring additional evidence of the posi-tion level’s match with LCA Level 1 Wage. We submitted abundant materials as proof, including the employer company’s organization chart, other employees’ background documents, and advertisements of similar positions throughout industry. This case was approved by USCIS in October 2017.
Applicant K achieved Master’s degree in Public Policy and Bachelor’s degree in International Journalism. Her employer is the U.S. branch of a foreign TV station, and the company employed the applicant as a Political Correspondent. This was the first time that this U.S. branch applied an H-1B work visa for its employee. In August, USCIS issued an RFE notice requiring additional evidence on specialty occupation, Beneficiary’s academic background, and the position level’s match with LCA Level 1 Wage. We submitted evidence including the precedent cases, expert opinions, and work samples of the applicant to demonstrate the work’s complexity. This case was approved by USCIS in October 2017.
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2015-2018 H1B Selected Case Analyses
Applicant L earned his Master’s degree in Accounting major. His employer is a tradi-tional boutique accounting firm, established for years but small in size. The accounting firm hired the applicant as its Accountant. In 2017, USCIS has been reviewing H-1B peti-tions more strictly than ever. Although The applicant’s academic background appeared to be perfectly matching his job title as an Accountant in an accounting firm, in July 2017, USCIS issued an RFE notice on this case, still requiring specialty occupation evidence. We submitted evidence emphasiz-ing the employer accounting firm’s size and the accounting industry’s universal standard, as well as expert opinion letters regarding this specific position. This case was approved by USCIS in September 2017.
Applicant N graduated in 2015 with a Bachelor’s degree in Business Administration and with a concentration in Accounting. She worked as an accountant for a small food company. Considering the scale of the company, we focused on the importance of having this position and this applicant’s particular background. During the preparation process, we also ensured that administrative work would be completed by other employees, so the applicant would not perform work outside of the accounting field. The application was approved in May 2016.
Applicant M earned her Bachelor’s degree in Marketing overseas, and she got hired as a Marketing Manager of the employer. The employer company has been established for only one year, working on U.S. marketing projects of Chinese corporation clients. The employer is on its initial business devel-opment stage. In August 2017, USCIS issued an RFE notice, requiring addition-al evidence to prove the company’s busi-ness operations. After we submitted the requested materials, USCIS approved this case in October, 2017.
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2015-2018 H1B Selected Case Analyses
Applicant O graduated with a Master’s degree in Historic Preservation Planning in 2014. The applicant provided research and consulting work in documentary filming related to the city’s historic architecture. The applicant’s employer filed an H-1B petition for the applicant in 2015, but the application was not selected. In 2016, the same employer again filed an H-1B petition for the applicant. Considering the very specific field the applicant was operating in, we advised the occupation title of Historian for the applicant. We detailed the job duties and scope of the applicant’s work in the petition letter. In June 2016, USCIS issued a Request for Additional Evidence questioning the applicant’s specialty occupation. In response, we submitted supporting evidence and documents from various sources. USCIS approved the application in September 2016.
Applicant P earned her Master’s degree in Acupuncture from a for-profit university. . In 2016, the employer filed an H-1B petition for the applicant with the occupation title of Acupuncturist. In June 2016, USCIS requested additional evidence, questioning the applicant’s specialty occupation and her degree classification. In particular, USCIS doubted the applicant’s eligibility for the H-1B cap reserved for U.S. advanced degree holders. At first glance, USCIS’s doubt was unlikely to be dismissed. However, we made a very strong and convincing argument in the response letter, and USCIS approved the application in September 2016.
2015-2018 H1B Selected Case Analyses
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Applicant R graduated with a Master’s degree in Education. The employer is a small size education consulting firm. The employer filed H-1B for the applicant in 2016. The application was initially represented by another law firm that prepared the H-1B petition with the title of Education Administrator. USCIS requested additional evidence at the end of June. USCIS questioned the necessity of the employer’s need to have such a position and rebutted the documents that had initially been submitted. The application was transferred to NYIS Law Firm after the RFE. We argued that the applicant’s position is specialized and geared towards the company’s specific situation, and we compiled various supporting documents to argue our case. USCIS approved the application in September 2016.
Applicant Q graduated with a Master’s degree in Landscape Architecture. The employer is a landscape design firm with less than 20 employees. In 2016, the employer filed an H-1B petition for the applicant with the title of Landscape Designer. In early June of 2016, the application was approved by USCIS.
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2015-2018 H1B Selected Case Analyses
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Applicant T has a Master’s degree in Accounting. The employer is a commercial enterprise focused on the wholesale and retail of nutrition related products. In February 2016, the applicant started working for the company in F-1 OPT status as an Accountant. In April, the employer filed an H-1B petition for the applicant. We listed the accounting tasks that the applicant had previously performed for the employer. In June 2016, USCIS approved the application.
SApplicant S graduated with a Master’s degree in Economics. The employer is a clothing company. After comprehensive communication with the employer and the applicant, we learned about the job duties of the applicant and the development plan of the employer; we suggested that the applicant use an H-1B occupation title of Operations and Research Analyst. USCIS requested additional evidence in July 2016, questioning whether this was a specialty occupation. In response to the RFE, we cited abundant cases in the same industry and provided expert opinion letters from industry professionals. USCIS approved the application in October 2016.
Applicant U graduated in 2014 with an MBA degree and a concentration in marketing. The applicant applied for an H1B visa during his OPT. The petition position was Market Analyst. The company is an education agency with 20-30 employees. The application was approved by USCIS in June 2015.
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2015-2018 H1B Selected Case Analyses
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Applicant W graduated in 2013 with a Master’s degree in Civil Engineering. The applicant found a job through an IT staffing company during his OPT extension in 2015. The applicant soon started working as a contractor in a third party company. In July 2015, USCIS issued a Request for Additional Evidence and questioned the authenticity of the employer-employee relationship. In the petition package, we detailed that the employer was responsible for providing a work toolbox for the applicant and also for periodically reviewing the applicant’s work, so as to prove their direct employment relationship. USCIS approved the application in September 2015.
Applicant V graduated in 2014 with an MBA degree and a concentration in marketing. The applicant applied for an H1B visa during his OPT. The petition position was Market Analyst. The company is an education agency with 20-30 employees. The application was approved by USCIS in June 2015.
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Contacts
Call Us: 800-685-NYIS(6947)Wechat Service Account: asknyis7
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We are committed to building productive relationship and main-
taining good communication with our clients. We work hard on
every case, and we put in our best efforts to make a positive
difference in the lives of our clients.
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